The Demeaning SA Attorneys Oath!

So here it is: the long awaited ATTORNEYS OATH – that is known by very few attorneys in South Africa, despite the fact we all had to swear to this when we were admitted.

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

I,  do swear/affirm that I will truly and honestly demean myself in the practice of

ATTORNEY

according to the best of my knowledge and ability, and further, that I will be faithful to the Republic of South Africa

……………………………………………..

The deponent acknowledges that she knows and understands the contents of the declaration.       

AFRIKAANS VERSION

IN DIE HOOGGEREGSHOF VAN SUID-AFRIKA

(WES-KAAP Hoë HOF, KAAPSTAD)

 Ek sweer/bevestig dat ek my eerlik en opreg in die praktyk van

ATTORNEY

na my beste wete en vermoë sal gedra en verder dat ek trou sal wees aan die  Republiek van Suid-Afrika

Die verklaarder erken dat sy vertroud is met die inhoud van die verklaring en dit begryp.

I think the Afrikaans version is better. With regards to the English, well I think we have a problem here.   While the dictionary definition of “demean” shows:                                             

de·mean

 

tr.v. de·meanedde·mean·ingde·means

To conduct or behave (oneself) in a particular manner: demeaned themselves well in class.
The issue is that 99% of English speakers understand “demean” by its more common usage:

de·mean

to lower in dignity, honor, or standing; debase:  eg He demeaned himself by accepting the bribe. (synonyms: degrade, disgrace)

Language is a powerful tool. We use it to shape our understanding of our world. If, every time an attorney is sworn in, he commits to truly demeaning himself…Well, enough said.

It’s time for a new oath.

Feel free to comment.   

If you are an attorney and you believe it is time for us to create a new, voluntary oath, along the lines of the initiative by MBA students, please read the information below and get in touch.         

The MBA Oath is a voluntary student-led pledge that asks graduating MBAs to commit towards the creation of value “responsibly and ethically.” As of January 2010, the initiative is driven by a coalition of MBA students, graduates and advisors, including nearly 2,000 student and alumni signers from over 500 MBA programs around the world.[1] By formalizing a written oath and creating forums for individuals to personally commit to an ethical standard, the initiative hopes to accomplish three goals:

  1. to make a difference in the lives of the individual students who take the oath,
  2. to challenge other classmates to work towards a higher professional standard, whether they sign the oath or not, and
  3. to create a public conversation in the press about professionalizing and improving management.[2]

MBA Oath (short version)

As a manager, my purpose is to serve the greater good by bringing people and resources together to create value that no single individual can create alone. Therefore I will seek a course that enhances the value my enterprise can create for society over the long term. I recognize my decisions can have far-reaching consequences that affect the well-being of individuals inside and outside my enterprise, today and in the future. As I reconcile the interests of different constituencies, I will face choices that are not easy for me and others.

Therefore I promise:

  • I will act with utmost integrity and pursue my work in an ethical manner.
  • I will safeguard the interests of my shareholders, co-workers, customers and the society in which we operate.
  • I will manage my enterprise in good faith, guarding against decisions and behavior that advance my own narrow ambitions but harm the enterprise and the societies it serves.
  • I will understand and uphold, both in letter and in spirit, the laws and contracts governing my own conduct and that of my enterprise.
  • I will take responsibility for my actions, and I will represent the performance and risks of my enterprise accurately and honestly.
  • I will develop both myself and other managers under my supervision so that the profession continues to grow and contribute to the well-being of society.
  • I will strive to create sustainable economic, social, and environmental prosperity worldwide.
  • I will be accountable to my peers and they will be accountable to me for living by this oath.

This oath I make freely, and upon my honor.

 

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Neuro Law: A New World of Law Part 4

Why should you, as a lawyer, care about Neuroscience?

This is part 4 of my series in Neurolaw – in which I provide some extracts explaining developments in legal thinking that you may not be aware of.

Just found yet another organisation looking at the benefits of Neuroscience to other fields: The Centre for NeuroScience And Society at the University of Pennsylvania. 

Why Neuroscience Boot Camp?

Neuroscience is increasingly relevant to a number of professions and academic disciplines beyond its traditional medical applications. Lawyers, educators, economists and businesspeople as well as scholars of sociology, philosophy, applied ethics and policy are incorporating the concepts and methods of neuroscience into their work. For any field in which it is important to understand, predict or influence human behavior, neuroscience will play an increasing role. The Penn Neuroscience Boot Camp is designed to give participants a basic foundation in cognitive and affective neuroscience and to equip them to be informed consumers of neuroscience research.

A testimonial about the course:

“The Penn Neuroscience Boot Camp provides a well-planned and accessible introductory curriculum, delivered by a team of terrifically engaging speakers. Short of enrolling in a full-time neuroscience program, this is the best available immersion. So people wanting to learn the basics about neuroscience, and why it is so significantly affecting so many disciplines (including law), should take this course.”

Owen D. Jones, J.D.
Director, MacArthur Foundation Research Network on Law and Neuroscience; Prof. of Law & Prof. of Biological Sciences at Vanderbilt Universit

Warning: it does appear from photos on the site that they served a cake made like a brain that looks unbelievably gross but apart from that the course seems good.

 

Neuro-law: A New World of Law Part 3

 

BRAIN SPIKE IMAGE LIGHTS

Why should you, as a lawyer, care about Neuroscience?

This is part 3 of my series in Neurolaw – in which I provide some extracts explaining developments in legal thinking that you may not be aware of.

The Research Network on Law and Neuroscience, supported by the John D. and Catherine T. MacArthur Foundation, is an interdisciplinary collaborative initiative with two main goals: (1) to help the legal system avoid misuse of neuroscientific evidence in criminal law contexts, and (2) to explore ways to deploy neuroscientific insights to improve the fairness and effectiveness of the criminal justice system.

The MacArthur Foundation laid the cornerstones for the Network by drawing together several dozen of the nation’s top researchers beginning in 2007 to conduct a coordinated and comprehensive investigation of basic issues at the intersection of law and neuroscience, funded by a four-year grant. In 2011, the new MacArthur Foundation Research Network on Law and Neuroscience began to build on those cornerstones with an interconnected program of research with three foci: Mental States, Development, and Evidence.

A conference on the Future of Law and Neuroscience is being held on 27 April 2013 in Chicago, sponsored by the MacArthur Foundation Research Network on Law and Neuroscience, the American Bar Association, Vanderbilt Law School, the Gruter Institute for Law and Behavioral Research, the American Bar Association Criminal Justice Section, and the American Bar Association Science & Technology Section.

The program will feature a law and neuroscience curriculum specifically designed for lawyers, and will draw on new research from the MacArthur Foundation Research Network. Topics to be covered include: An introduction to cognitive neuroscience (including brain imaging techniques) for lawyers; neuroscience and criminal justice; decision making; the developing brain; memory and lie detection; and evidentiary issues surrounding neuroscientific evidence.

You have a chance to learn about Neuroscience and Law here in South Africa in April 2013 with a global legal in this field, Pauline Tesler from San Francisco.

Make sure you don’t miss out.

Cape Town: 10 April 2013

Johannesburg: 23 April 2013

Click here to register.

Neuro-law: A New World of Law Part 2

David Eagleman (1)

 

Photo: David Eagleman from The Initiative of Neuroscience and the Law at the Baylor College of Medicine who spoke with federal judges at the D.C. Circuit Court bi-annual conference in 2012 about the importance of a scientifically-guided legal system. He has done dozens of public lectures across the US and has been featured on CNN.

All around the world institutions and organisations are being created to harness learning from neuroscience in the world of law. The point of a legal system is to resolve conflict and help people live alongside each other on Planet Earth.  It doesn’t take a genius to see that the legal system is falling way short of its goal. So how do we start shifting the legal profession? We do it by going back to understanding how people function and what lies at the heart of conflict.

Extract from Baylor College of Medicine’s Initiative on Neuroscience and Law:

Baylor College of Medicine’s Initiative on Neuroscience and Law addresses how new discoveries in neuroscience should navigate the way we make laws, punish criminals, and develop rehabilitation.  The project brings together a unique collaboration of neurobiologists, legal scholars, ethicists, medical humanists, and policy makers, with the goal of running experiments that will result in modern, evidence-based policy.

Emerging questions at the interface of law and neuroscience challenge fundamental notions at the heart of our criminal justice system. Because brains develop as a complex interaction of genes and environment, can we really assume that people are ‘practical reasoners’, and deciding in exactly the same way? Is mass incarceration the most fruitful method to deal with juveniles, the mentally ill, and the drug-addicted? Can novel technologies such as real-time brain imaging be leveraged for new methods of rehabilitation? Can large scale data analysis give us insight into patterns of crime, recidivism, and the effect of legislation? 

Because most behavior is driven by brain networks we do not consciously control, the legal system will eventually be forced to shift its emphasis from retribution to a forward-looking analysis of future behavior. In the light of modern neuroscience, it no longer makes sense to ask “was it his fault, or his biology’s fault, or the fault of hisbackground?”, because these issues can never be disentangled.  Instead, the only sensible question can be “what do we do from here?” — in terms of customized sentencing, tailored rehabilition, and refined incentive structuring.

Lawyers all over the world are starting to see how learning from other disciplines, such as Neuroscience can have a profound effect on how we practise law. The Centre for Integrative Law’s mission is: To create a network of self-aware legal professionals, trained in global legal innovation, to articulate a new vision of law for South Africa.

If you’re interested in being a self-aware legal professional, trained in global legal innovation, come to hear the brilliant legal thought leader Pauline Tesler, from San Francisco, talking about Neuro-Literacy for Lawyers.

Cape Town: 10 April 2013

Johannesburg: 23 April 2013

Click here to register.

Neuro-law: A New World of Law Part 1

Triune brain artist impression

If you’re a lawyer (and chances are high if you’re reading this 😉 then you may well wonder what NEUROSCIENCE has to do with law or why you should care.

Here are some extracts explaining what’s going on around the world that you may not be aware of, understandably given the high demands of the legal profession and the pressure of billing by the hour.

Do you have time to read this? I’d argue you do for 2 reasons:

  1. You’re a lawyer and read really fast so you’ll soon decide if this is worth your while.
  2. Sometime you have to stop and sharpen the axe – even when it means you lose 15 minutes of billable tree-cutting time.

Extracts from Negotiation & Neuroscience by Kay Elliot.

Every day we are expected to make decisions that may have lasting effects: Do I negotiate with the customer that is obnoxious, demanding and unreasonable? Do I end a business relationship when the other party injures me financially? Do I negotiate with my life partner who has betrayed me about how much time I get to spend with our child? On a macro scale – should the USA negotiate with the Taliban when it is publicly dedicated to acts of terrorism against our country? Was Nelson Mandela right to negotiate with the apartheid regime of South Africa? Was Churchill wise to not negotiate with Hitler during World War II? When should we say no and fight? When should we say let’s negotiate? Is there a paradigm for making wise decisions in these difficult settings? Should we ever bargain with the “devil”?

Wise dispute resolution poses three challenges: avoiding predominately emotional decision making; taking the time to do a decision tree of alternatives; and assessing the ethical and moral issues involved in any situation. Neuroscientists and psychologists tell us that we all make these types of decisions using different parts of our brains: the intuitive, emotional brain and the rational, analytical brain. Other writers call these structures the old brain (the so-called snake brain) and the newer brain.

So take a look at the image again – thanks to Dr Paul Maclean – and see the 3 parts of the brain:

  1. Neo-cortex or new brain – cognitive section of the brain, the rational, figuring stuff out part
  2. Limbic system (in the middle)  – responsible for emotional attachments, also known as mammalian brain
  3. The Survival/ Reptilian/ Old brain – this is our flight or fight response that helps us act instantly when there isn’t time to weigh up pros and cons.

Some more from Kay Elliot:

The preference for distributive conflict styles prevents integration. In another context we see that narrowing the issues is beneficial for trying a law suit – fewer points to prove – but broadening the issues provides more scope for trades. The litigator in negotiating a settlement might only use the parts of the brain best suited for math problems and fail to utilize other parts of the brain better suited to creative tasks…

Neuroscience, while exciting, is still in its early stages of development. Neuroimaging holds the promise, however, of allowing unprecedented access to the mechanisms of the brain as it makes decisions. We are finally able to advance our understanding of just what is happening in the brain during negotiation and mediation, not by words but with pictures… 

There are many workshops being offered to mediators and negotiators in this and related fields. In the summer of 2010, for example, Pepperdine University School of Law presented Mindfulness for Conflict Resolvers: Lawyers, Mediators, Negotiators, Judges, Arbitrators & Managers, led by Len Riskin, Professor at the University of Florida College of Law, and Rachel Wohl, Director of the Maryland Supreme Court Mediation and Conflict Resolution Office. In June of that year a webinar on Contemplative Neuroscience with Richard Davidson from the University of Wisconsin was presented. On October 22, 2010, the University of California-Hastings College of Law sponsored a symposium on Emotions and Negotiation. Two leading authorities on non verbal communication, Paul Ekman and Clark Freshman, presented the latest research findings on using emotional information to negotiate more effectively…

In June, 2010, a course in Neuro-Collaboration was offered by Pauline Tesler (Attorney) and Thomas Lewis (MD and Neuroscientist) at Pepperdine. One observation from that course crystallizes the intersection of Neuroscience and Law:

“Collaborative lawyers undertake a task and if they are to do well at it, their beliefs and behaviors must support the ends they pursue and the processes they offer, must match up with what their clients and colleagues reasonably expect, and with what is known about how human beings actually do behave during conflict and conflict resolution processes. This does not mean that a collaborative lawyer must be a neuro-scientist or a psychotherapist or communications specialist. But collaborative lawyers do have a responsibility to make their work congruent with how they and their clients are biologically wired to think, feel, and decide, if they are to deliver what they promise.”

Lawyers all over the world are starting to see how learning from other disciplines, such as Neuroscience can have a profound effect on how we practise law.

Are you interested in innovation in law or do you aspire to the nostalgia of a law office lined with books and a mahogany desk with a jar of quill pens?

The Centre for Integrative Law’s mission is: To create a network of self-aware legal professionals, trained in global legal innovation, to articulate a new vision of law for South Africa.

If you’re interested in being a self-aware legal professional, trained in global legal innovation, come to hear the brilliant legal thought leader Pauline Tesler, from San Francisco, talking about Neuro-Literacy for Lawyers.

Cape Town: 10 April 2013

Johannesburg: 23 April 2013

Click here to register.

Part 2 of Neuro Law will follow.

Employee Recognition: Let us give thanks

you-are-more-than-awesome-you-re-amazing

Employee Recognition is only just beginning to, um, get the recognition it deserves.

It is particularly important for law firms as research on lawyer’s personality profiles (including MBTI research and brain imaging data and studies by Carol Gilligan) all show that lawyers are great at critical analysis but less so at the touchy-feely stuff, or in fact any of the feeling stuff. In plain English, it is far easier for a lawyer colleague or boss to point out the 3 things a junior did wrong than it i for them to pay a tribute to something someone did right. Because lawyers are trained and paid to criticize and see flaws and ways of improving things.  And because this way of viewing the world the default setting, most lawyers are not even aware of this.

It would also be helpful for lawyers to understand the 3 basic types of Employee recognition that I have just read about in some fascinating research entitled:  Employee Recognition: a Lynchpin Value for Cultural Transformation by Judith Mills and Joan Shafer. Here they are:

PAST Accomplishments i.e.: work done goals achieved contributions

PRESENT Acknowledgement of the importance of particular talents, current contributions or character

FUTURE Promise of potential: promotions, positions, projects

Which type do you think would be the hardest for lawyers? Yip, the middle one: Acknowledging WHO someone really is, their character does not come naturally to lawyers – it’s far too right brain.  Law firms tend to recognise employees more often than not, on accomplishment – while sometimes what people most need is recognition of who they are and what they bring to the workplace aside from the obvious accomplishments of winning a case or bringing in a new client.

A firm called Sullivan & Cromwell held a training session in 2006 for its partners on associate appreciation. This presentation encouraged partners to give associates feedback, to say “thank you” and “good job” and to return associates’ calls as quickly as you would a partner’s or clients’. The firm also arranged periodic associate lunches with the chairman of the firm and implemented a 360 degree review process – to give associates feedback from subordinates and peers as well as supervisors. In 2007 the firm’s attrition rate dropped from 30 plus percent to 22 percent. (The Happy Lawyer p.195)

Still not convinced?

Here’s another interesting piece of research mentioned by Mills and Shafer:

Employee Recognition affects the bottom line. In their book “The Carrot Principle”, Gostick and Elton demonstrate this. In response to the question ‘My organisation recognises excellence’, the results show that organisations that scored in the lower fourth quartile had an average return on equity (ROE) of 2.4%, whereas those that scored in the top fourth had an average ROE of 8.7%. In other words, companies that most effectively recognise excellence enjoy a return that is more than triple the return of those that are least effective.”

How people are lead and managed is important. People who report the highest morale at work, 94.4% agree that their managers are effective at recognition. In contrast, 56% of employees who report low morale give their manager a failing grade on recognition and only 2.4% of people who have low morale say they have a boss who is great at recognition.

Two final pieces of advice that I’ve gleaned from Mills & Shafer

The people delivering the recognition need to:

Match what and how they deliver recognition to what is meaningful to the employee. To do this they need to strengthen their powers of observation, feedback systems and articulation skills.

And importantly:

When acknowledgement is needed, it has a more powerful punch if it is delivered by someone high up in the organisation.

For recognition to be effective, the recipient needs to:

  • Trust that the recognition is true.
  • Respect the source of the recognition.
  • Believe that there is no hidden motive behind the appreciation.

People are not aware of all the gifts they have to offer. It is a transformative act to tell people how they have affected others’ lives. This not only increases their self-awareness, but empowers them to express themselves more freely to others. It reduces the fear belief of ‘Am I good enough’? Do not assume that other people know how effective, good or talented they are.

CVA data (CULTURAL VALUE ASSESSMENTS) are a powerful tool for gathering data on the issue of employee recognition.

An analysis of 106 CVA’s show that it is not just lower level employees that want to be recognised but people at all levels “including the CEO, senior leadership, middle management, and staff. People at the top have just as strong a need to be appreciated as staff, possibly because it can be lonely at the top. This is evidenced by the response senior leaders demonstrate during Leadership Values Assessment (LVA) debriefs where their strengths and contributions are acknowledged by their colleagues. They are almost always touched and surprised by how highly regarded they are and the extent and richness of their strengths. This feedback from others enhances their confidence and belief about themselves in all they have to offer.”

Mills & Shafer have also developed a great model showing 7 levels of Employee Recognition, that aligns with the 7 Levels of Organisational Consciousness.

I am SO excited to be taking this cutting edge work being done in corporates around the world, and bringing it to my niche market of South African law firms. The Barrett Cultural Transformation Tools mentioned here – the CVA and LVA – are such brilliantly simple yet powerful ways to deepen an organisation’s understanding of dynamics which have a huge effect on the firm, but aren’t readily visible.

I am finalising the LEARNS product: (Lawyer Engagement & Recognition Nexus Survey) designed specifically to assist law firms in understanding the nexus, or connection between:

  • Employee recognition patterns
  • Employee engagement patterns
  • Attrition rates
  • Firm profitablity

It is early days but the Centre for Integrative Law gets closer every day to its vision To be South Africa’s leading  consultancy for emergent thinking in integrative ways to practise and teach law.

Click here for more details.

“Don’t leave me now, Don’t say it’s the end of the road”

DSC00236

Authenticity implies a way of being in the world wherein you remain true to the spirit of who you are at the soul level.  Sadly, growing numbers of lawyers globally leave the profession early because they are unable to align their professional and personal lives. This is particularly true for women who, in addition to the challenges lawyers face generally, find themselves in environments where only a male way of operating is valued. There are thousands of studies to indicate that men and women process information differently, solve problems differently and build relationships differently. However, law firms pay little, if any, attention to this and so to most women lawyers remain oblivious to what might be causing the growing sense of unease and dissatisfaction at their chosen career path.  But while attention needs to be paid to this issue, it’s not just women who are struggling.  Male lawyers are also wondering, as their every waking hour is spent engaged in fighting on behalf of clients or fighting their way to a partnership, if this is really what they want from their lives.

Many lawyers who may have begun their studies viewing law as a powerful tool for justice, equality and societal change become disheartened after a few years in practice.  A  lot  of  people  who  go  into  law  school  have  a  strong  sense  of  right  and wrong  and  a  belief  in  moral  truths.  Those  values  are  destroyed  in  law school,  where students  are taught  that  there  is  no  right  and  no wrong  and where  such  idealistic,  big-picture  concepts  get  usurped.  The way  the majority of students deal with this is to  become cynical. (See Ralph Nader  & Wesley J. Smith, No  Contest: Corporate  Lawyers  and  the Perversion of Justice in America 334  (1996).

Most people choose their careers by focusing on what profession best allows them to satisfy their ego needs. The term “ego” is not used in a negative sense here, it simply refers to the basic human needs such as survival (a safe secure environment for the self), relationships (the need for belonging and feeling loved and accepted by those with whom you interact daily) and self esteem (feeling good about yourself and having pride in your performance).  Once these ego needs are satisfied individuals then shift to the transformation level which is about embracing their individuality to become fully actualized and authentic. After that, one moves to internal cohesion which is where people start to find meaning for their lives by uncovering their purpose and aligning fully with who they are.

Usually it’s only after 10 or 20 years that people realise that the profession you chose in your youth is not the one that aligns with your passion.

But I don’t believe that we are called to the legal profession by accident and I don’t believe if you find yourself disillusioned that the only way you can align with your passion is to leave the legal profession.  And I was so delighted to engage in deep dialogue with 40 attorneys, advocates, prosecutors and mediators in September 2012 and hear them talk about their life purpose. Many of them had found ways to move to the transformation level (embracing their individuality) but remain in the legal profession. And I was surprised to see how many had moved to the internal cohesion level  – finding their life purpose and aligning fully with who they are. (Often this can be evidenced by the way people talk about what they do – the light that shines in their eyes. Sometimes you can sense they become almost tearful with the strength of their passion. Richard Barrett taught me this is their soul communicating.) Perhaps I should not have been that surprised as these were all legal professionals who had given up a day’s work to hear about Integrative Law in South Africa and connect with Kim Wright, author of Lawyers as Peacemakers. In other words, this was a group of lawyers already invested in personal transformation.

For some of them, aligning with who they really are had meant training in mediation, for others, finding a way to connect more deeply with things that gave their life meaning for example, one attorney is helping people with terminal illnesses, another is coaching people who find themselves in litigation because she knows that litigation is often merely an outward manifestation of underlying inner conflict.    These stories were moving and each indicated the struggle the individual had gone through to align fully with their purpose in an often unforgiving profession.

I have made it my mission for the next few years to help lawyers uncover their purpose and find ways to live to their full potential while continuing to practise law, perhaps in a different way, shape or form.  Alongside this, I’m hoping to revolutionize legal education in South Africa! Ambitious? Maybe I am, but with the contacts I have made in the last 12 months – conscious, committed lawyers (and coaches, and organisational development experts and lateral thinking experts) all over the globe who have offered me their time, assistance and intellectual property to fulfil this mission, I know I don’t have to be an expert – if I apply my mind to a problem, be it an individual’s struggle or an organisational one, I can design a powerful solution with this network at my fingertips.

I am so excited to be developing:

  • Coaching programmes for lawyers (with my new inspiring and energetic coaching partner, an expert in helping people develop resilience)
  • Mentoring programmes for lawyers
  •  Gender workshops for lawyers  – some in conjunction with a psychotherapist doing a PHD in Corporate Gender Relations (note: I wrote about Mary Ovenstone in June last year here, setting my intention that one day when the time was right, we’d collaborate.  And now we are. Love it when a plan comes together.)
  • Depth Leadership for Lawyers (with an expert in Deep Facilitation)
  • De  Bono lateral thinking workshops (with top SA De Bono expert)
  • The latest in Neuro-literacy Training for Lawyers (in April, with expert Pauline Tesler from San Francisco. This workshop is accredited by the ABA. I pray one day the LSSA will accredit such courses here in South Africa.)

And that’s just the tip of the iceberg…

To know more, feel free to contact me using the contact tabs on this blog. To ensure  you don’t miss news of trainings, please sign up on www.cil.org.za I promise you won’t get bombarded with information. In fact you’ll be lucky to get monthly updates at this rate. But seriously, some of the experts will only be visiting South Africa once so you will need to move fast to be guaranteed cutting edge training.  I look forward to meeting 1000’s more committed, conscious lawyers in the months to come.